Privacy policy

Last updated: 2023/10/20

 

1. Background

This Privacy Policy describes how https://tsukutte-ya.com/, referred to as the “Site”, “us” or “we”, collects, stores, uses, and discloses your Personal Information when you visit or make a purchase from the Site, including that in order to provide services to you, Personal Information will be shared to overseas persons and/or entities as explained below.

 

2. Definition

In this Privacy Policy, “Personal Information” refers to any information about an identifiable individual. Information can be held electronically or in hard copy.

 This Privacy Policy outlines how we comply with the New Zealand Privacy Act 2020 (“the Act”) in relation to sales ordered and delivered within New Zealand. 

 

3. Our obligations under the Act

3.1 Collection of Personal Information

We will only collect Personal Information for a lawful purpose that is connected with the Site’s functions or activities. This may include but is not limited to:

  • processing your purchases of the products;
  • making your device accessible to our Site;
  • offering products for sale;
  • shipping and fulfillment of your order;
  • keeping you up to date on new products, services and offers;
  • general marketing;
  • providing customer support; and
  • publishing or displaying your interaction with the site, which includes any comments/reviews about our products that you choose to make on our site.

When you order on the Site, the following data given by you is recorded together with the products ordered to execute the sales contract:

  • first and last name;
  • e-mail address;
  • member account: password chosen by the user;
  • postal address (street, number, postal code, locality);
  • any information necessary to process your purchases;
  • optional consent to receive newsletters and offers;
  • optional: company name;
  • telephone number;
  • the date and time of the order;
  • the source of access, namely web, iOS application, android application or other etc.
  • the IP address used; and
  • any additional information if you contact us for customer support.

We do not access, collect, or store any banking or credit card details. Such information is collected by Shopify. Please refer to Shopify’s privacy policy and other terms and conditions for further information.

3.2 Consent to overseas sharing of Personal Information

In order to provide the products and services, and fulfil contracts, via our Site, we will need to disclose Personal Information to foreign persons and entities, including but not limited to within Japan. By engaging with us in trade, you confirm you have read and agreed to this Privacy Policy, including that in order to fulfil our trade arrangements with you, your Personal Information being disclosed to foreign persons and entities whom and which may not be required to protect your Personal Information in a way that overall provides comparable safeguards to those within the Act. 

3.3 Source of Personal Information

The Site anticipates collecting Personal Information from the individual concerned and assumes that in the event an order is being placed, it is being placed by the individual named in the information provided. In the event the individual or entity placing an order is not the person who will receive the order, we assume that the individual or entity placing the order has the appropriate consent of the recipient to the disclosure of their Personal Information to us, for the purposes of completing the order. The Site is obliged to communicate the following information, which obligation is met by the provision of this Privacy Policy:

  • the fact the information is being collected (see above, and links to this Policy on the Site);
  • the purpose for which the information is being collected (see above);
  • intended recipients of the information - which will be TSUKUTTE-YA shop owner MASH Corporation and internal services, and any third-party providers including but not limited to, storage and shipping/transport/delivery providers; and
  • the name and address of the agency that is collecting and holding the information, being 531-0072, Osaka City, 5-6-10 Toyosaki Kita-ku, Shogyo Building 7F, JAPAN.

This Policy explains the information we are obliged to communicate. Alternatively, contact using the e-mail address provided (s-desk@mash-japan.com) is also possible. In this case, the personal data of the user transmitted with the e-mail is stored. The data processed in this context is therefore processed with your consent so that we can answer any questions you may have.

3.4 Consent to our collection of Personal Information

The Site will collect Personal Information lawfully and in a way that is fair in the circumstances and does not intrude to an unreasonable extent upon the personal affairs of the individual concerned.

On our website there is a contact form to exchange with us. For this purpose, you provide us with your name, email address, and phone number. We draw your attention to our Privacy Policy when completing this form on our site. The message is as follows, “By contacting us via the contact form, we assume that you consent to the "Terms and Conditions", as well as the "Privacy Policy" that we welcome you to consult and review at any time.”

3.5 Security and storage of Personal Information

Your data, including Personal Information, is treated with integrity and confidentiality. To protect your personal data, we take all reasonable precautions to ensure that it is not lost, misused, accessed, disclosed, altered, or destroyed inappropriately.

Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all generally accepted industry standards. The Personal Information you have shared with us is kept secure and we will never sell your Personal Information to other companies. In accordance with the Act, you have a right of access, correction, and limitation of the processing of your personal data about you.

The information collected by us will be stored electronically on a server, with physical copies (if any) to be stored at the locations set out at 3.2 above. 

3.6 Access to and correction of Personal Information

On request by you, we will provide you with confirmation of whether we hold any Personal Information about you, how it is retained, and subject to any lawful reasons to withhold information under the Act, we will provide you with access to your Personal Information. You also have the right to request correction or deletion of your Personal Information. These rights and obligations are in accordance with the Act. 

3.7 Retaining Personal Information

We will not keep Personal Information for longer than is required for the purposes it may be lawfully used, including for marketing, and for retaining records of purchases to understand preferences and provide future services.

Once the Personal Information is no longer needed, it will be disposed of in a secure manner, in accordance with the Act.

3.8 Using Personal Information

Personal Information will not be revealed, sold, distributed, rented, licensed, shared, or passed on to any third party unless consent has been granted by the individual or organisation. We may share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

We will not use Personal Information for any purpose other than the purposes for which it was collected unless we believe on reasonable grounds that the:

  • purpose of the use is directly related to the purpose in connection with which the information was obtained;
  • information is to be used in a form that does not identify the individual concerned;
  • use of the information for that other purpose is authorised by the individual concerned;
  • source of the information is publicly available for publication, and it would not be unfair or unreasonable in the circumstances to use that information; and/or
  • use of the information for that other purpose is necessary in accordance with the Act, other laws, or regulations.

When you provide us with your Personal Information to complete a transaction, verify your credit card, place an order, schedule a delivery, or return a purchase, we assume that you consent to us collecting your information and using it to this end only. If you choose to leave a review/comment about our products on our website, we assume you are voluntarily providing your Personal Information and consent to us collecting, using, and displaying your information on our website for that purpose. If we ask you to provide us with your Personal Information for another reason, such as for marketing purposes (commercial electronic messages, etc.), we will ask you directly for your express consent, or we will give you the opportunity to refuse. If after giving us your consent, you change your mind and no longer consent to our contacting you, collecting your information or disclosing it, you can notify us by contacting us at s-desk@mash-japan.com.

The Site is not intended for individuals who are under the age of 16 years.  We do not intentionally collect Personal Information from children. If you are a parent or guardian and believe your child has provided us with Personal Information, please contact us at the e-mail address noted above to request deletion.

After receiving a request to delete Personal Information, we will send a request to our store platform Shopify to seek that it send a deletion request to any other integrated app (if any) that has access to this data.

3.9 Third party Use

The third-party providers we use will only collect, use, and disclose your information to the extent necessary to perform the services they provide to us.

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies regarding the information we are required to provide to them for your purchase transactions. With respect to these providers, we recommend that you read their privacy policies carefully so that you can understand how they will treat your Personal Information.

Please keep in mind that some providers may be located or have facilities located in a jurisdiction different from yours or ours. So, if you decide to proceed with a transaction that requires the services of a third-party provider, then your information may be governed by the laws of the jurisdiction in which that provider is located or those of the jurisdiction in which its facilities are located. Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or the Terms and Conditions of our website TSUKUTTE-YA.

You may be required to leave our website by clicking on certain links on our site. We assume no responsibility for the privacy practices exercised by these other sites and recommend that you read their privacy policies carefully.

3.10 Disclosure of Personal Information

We will only disclose Personal Information if we reasonably believe that the disclosure is:

  • one of the purposes in connection with which the information was obtained or directly related to that purpose;
  • made to the individual concerned;
  • authorised by the individual concerned;
  • not unfair or unreasonable in the circumstances if the source of the information is a publicly available publication;
  • in a way that does not identify the individual concerned; and/or
  • necessary in accordance with the Act.

Your Personal Information is not communicated to any third-parties, with the exception of you making comments/reviews on our website (which may be viewable by other users of the website and third-parties) or the exception of our service providers that help us provide our services and fulfill our contracts with you. As a third party, for the delivery of your orders, we transmit data to the Japan Post insofar as these are necessary for delivery and to indicate the status of dispatch. Information that is not necessary for the delivery will not be disclosed to the Japan Post. As tracking service is included in the delivery service, follow up mail from the Post Japan will be sent directly to the receiver. As tracking service information is factual information about the delivery, it cannot be considered as “unsolicited electronic messages”.

We will not use or disclose the Personal Information we hold without taking reasonable steps in the circumstances to ensure that the information is accurate, up to date, complete, relevant, and not misleading.

As recorded above, we expressly inform any individual providing Personal Information to us that in order to provide services and engage in trade, we will need to disclose Personal Information to a foreign person or entity. It is important to note a foreign person or entity may not be required to protect the information in a way that, overall, provides comparable safeguards to those in the Act.

 

4. Shopify

We use Shopify Inc., a Canadian company with offices at 150 Elgin Street, Suite 800, Ottawa, ON, K2P 1L4 to power our online store and for payment processing. By providing us with Personal Information you agree to this. Please refer to Shopify’s terms and conditions and privacy information. We cannot be liable for any failure by Shopify to comply with its obligations in relation to Personal Information. Shopify provides us with the online e-commerce platform that allows us to sell our services and products to you. Shopify manages customer emails and organises their processing. Shopify processes the names, content, and technical information of the communication for us. This takes place in the context of on-demand data processing.

We send you e-mails in connection with the sale of our products (confirmation and follow-up e-mails) through the service provider Shopify Inc. So far as we are aware, Shopify cannot access, correct, erase, or port your Personal Information without being directed by us. To know how Shopify uses your Personal Information please check the following link: https://www.shopify.com/legal/privacy.

The Site uses “Shopify Payment“ as its payment method, therefore Shopify will store your credit card information. Please refer to Shopify privacy, legal, payment and terms and conditions for more information. 

 

5. Cookies

A cookie is a small amount of information that is downloaded to your computer or device when you visit our Site. Please see general information on cookies below to assist your understanding. 

We use a number of different cookies, including functional, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you don’t have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website, for instance whether it’s their first time visiting or if they are a frequent visitor. Please check Shopify’s current list of cookies on the merchant storefront: https://www.shopify.com/legal/cookies 

The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. You can control, manage, and disable cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible. Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. You can also refuse cookies. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as: www.allaboutcookies.org.

We have set a “Cookie consent banner” that pops up on the bottom part of the screen at your first visit on our website. From this bar you can manage the cookies you allow or not while visiting on our website.

From this bar you can access to our “Privacy Policy”, choose your “Preferences” in terms of cookies, and “Accept” the use of the cookies based on site setting or your “Preferences”.

We use Google Analytics to help us understand how our customers use the Site. You can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

 

6. Modification of Privacy Policy

We reserve the right to update this Privacy Policy at any time. Changes and clarifications will take effect immediately upon posting to the website. If we make any changes to the content of this policy, we will notify you via the website that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances we disclose it.

If our store is acquired by or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you. By using our Site, you agree to this use and disclosure if relevant from time to time.

 

7. Contact

After reviewing this Privacy Policy, if you have additional questions, want more information about our privacy practices, or would like to make a complaint, please contact the person responsible for processing your data from the Site by e-mail at s-desk@mash-japan.com.